Terms and Conditions
English translation for your convenience. The German version (AGB) is authoritative; German law applies.
1. Scope and provider
These Terms and Conditions apply to the use of the Magic Audio Guide service ("Service") and to all purchases of tour credits ("Credits") via this website. The provider and contracting party is Adrian Schäfer, Werneuchener Straße 33, 13055 Berlin, Germany (provider details and contact: see Legal Notice).
2. Description of services
On request, the Service creates AI-generated walking tours with an audio guide for a map area chosen by the user. Creating a tour is subject to a charge and consumes Credits. One Credit unit covers a tour of up to four places; each further block of four places requires one more unit. Viewing and listening to tours that have already been created and shared is free and possible without Credits.
There is no user account. Credits are tied to an anonymous access
code (CG-XXXX-XXXX-XXXX) that also serves as the recovery code. The
user is responsible for keeping this code safe; if it is lost, the provider cannot
restore any Credits because the user cannot be identified.
3. Conclusion of contract
The presentation of the Credit bundles constitutes an invitation to submit an offer. By selecting a bundle and clicking the order button, the user is redirected to the payment provider (Stripe) and, upon completing the payment there, submits a binding offer. The contract is concluded when the successful payment is confirmed and the Credits are granted. The contract language is German or the language used during the payment process.
4. Prices and payment
All prices are final prices and include statutory VAT. No further costs apply. Payment is made exclusively via the payment provider Stripe; the user enters their payment data directly with Stripe. The provider does not receive full payment data.
5. Credits
Purchased Credits do not expire. They are non-transferable and are not paid out in money. A claim to a refund exists only in accordance with the statutory right of withdrawal (see clause 6) or in the event of a justified complaint about defects.
6. Right of withdrawal for digital content
Consumers have a statutory right of withdrawal (see the withdrawal instructions below). Since the Credits are digital content that is usable immediately after purchase, the right of withdrawal lapses if the user expressly consents, before the purchase, to performance beginning immediately and acknowledges that they thereby lose their right of withdrawal. This consent is actively requested during the payment process. Without it, the 14-day right of withdrawal remains.
7. Withdrawal instructions
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Adrian Schäfer, Werneuchener Straße 33, 13055 Berlin, e-mail: adrian.schaefer87@gmail.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form below, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise.
Early expiry of the right of withdrawal. The right of withdrawal lapses, in the case of a contract for the supply of digital content not on a tangible medium, if we have begun to perform the contract after you have expressly consented to us beginning performance before the end of the withdrawal period and you have acknowledged that you thereby lose your right of withdrawal upon the start of performance.
8. Model withdrawal form
- To: Adrian Schäfer, Werneuchener Straße 33, 13055 Berlin, adrian.schaefer87@gmail.com
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of tour credits (access code / order reference: __________)
- Ordered on (*): __________
- Name of consumer(s): __________
- Address of consumer(s): __________
- Date: __________
9. Availability and AI content
The provider endeavours to keep operation as trouble-free as possible but does not owe uninterrupted availability. The tour texts are produced with the help of artificial intelligence; despite due care, no guarantee can be given for the complete factual accuracy of individual statements. If creating a tour fails, the Credit used for it is not charged or is refunded.
10. Liability
The provider is liable without limitation for intent and gross negligence and for injury to life, body or health. In the case of slight negligence, the provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract. Otherwise, liability is excluded. The use of map and route information is at your own risk; it does not replace official orientation or any assessment of traffic or path safety.
11. Amendments to these Terms
The provider may amend these Terms with effect for the future. For Credits already purchased, the terms agreed at the time of purchase continue to apply.
12. Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the state of the consumer's habitual residence remain unaffected. The EU Commission provides a platform for online dispute resolution (ec.europa.eu/consumers/odr). The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Should any provision of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.